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Indianola police officer suspended in shooting of an 11-year-old faces second abuse-related lawsuit

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An active duty Army staff sergeant is accusing an Indianola officer already under investigation in a separate case of tasing him, choking him and pointing a gun at him while handcuffed in December 2022, according to a federal filed last .

Kelvin Franklin, 33, made the allegations against Officer Greg Capers, who has been suspended without pay and faces legal action in a separate incident: the May 2023 shooting of 11-year-old Aderrien Murry.

Carlos Moore is representing Franklin and the boy’s in their respective lawsuits. In both interactions, the attorney said Capers escalated the situation. Capers’ alleged aggressive response came when Franklin arrived at his then-fiance’s house to retrieve a bag and after Aderrien called for help during a domestic situation.

“In both instances I believe both results would have been a lot safer if Greg Capers didn’t arrive at either scene,” Moore said.

Franklin’s lawsuit asks for a jury trial and for at least $500,000 to be awarded to compensatory and punitive damages, attorney fees and interest.

Cleveland attorney Michael Carr is representing Capers in proceedings for an aggravated assault charge the boy’s mother filed against the officer and in a $5 million federal lawsuit filed on Aderrien’s behalf.

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Carr declined to comment Thursday because it was the first he had heard about Franklin’s lawsuit. He also doesn’t know if Capers has been served and is aware of the suit, which was filed Aug. 28.

The of Indianola, Police Chief Ronald Sampson and five unnamed are also named as defendants. The lawsuit alleges Capers’ actions are the result of the city and police chief’s policy and failure to supervise and train officers.

The city defendants have not responded in writing to the lawsuit, and a representative from the police department did not respond to a request for comment Thursday.

Sgt. Greg Capers of the Indianola Police Department. Credit: Photo courtesy of Carlos Moore

The night of Dec. 30, 2022, Franklin was traveling home with his then-fiance’s cousin from Camp Shelby to his fiance’s residence in Indianola. 

Once in Indianola, the lawsuit details how, as Franklin exited the car and went back to get a parking decal from inside the car, the fiance misread the situation and called 911.

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Seeing the driveway was blocked, Moore said Franklin approached the cousin about moving their vehicle, and the fiance thought they were arguing. She called the police “out of an abundance of caution,” Moore said.

When Capers and the other officers arrived, Franklin told them he was there to retrieve a bag before returning to Camp Shelby, according to the lawsuit. He also said he had a firearm, which one of the unnamed officers took.

Capers pulled his gun on Franklin then put it back into the holster only to grab his taser, using it on Franklin up to four times and choking him, according to the lawsuit.

Franklin told the officers he was in pain and only had one kidney, but his request for medical attention was ignored and he was taken to the Sunflower County Jail, where paramedics evaluated him but didn’t treat him, according to the lawsuit.

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When Franklin was released from jail a day later, he sought treatment at Forrest General Hospital in Hattiesburg because he was in pain and felt sick and weak, Moore said. Franklin had a dehydrated kidney and injuries to his neck, stomach and right hand, according to the lawsuit.

Moore said a bystander who knows Franklin filmed a portion of his encounter with police.

In the 3 ½-minute shared with Mississippi , blue lights illuminate some of the darkness. Franklin is seen standing with his hands out to the side when an officer tases him. He bends over with a hand on his stomach and then falls to the ground. An officer starts to handcuff him.

The man makes several comments as the taser crackles and Franklin cries out.

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“Put your hands behind your back, you’re fixing to get it again,” an officer says right before Franklin is tased.

The lawsuit alleges Capers acted suddenly when he drew his firearm and pointed it toward Franklin, who questioned the officer: “I haven’t done anything wrong for you to shoot me,” according to the suit. This moment was not captured on video.

Moore said body camera footage from the officers exists, and he plans to request it through discovery.

Franklin, who has been deployed in Kuwait since May, has over 16 years of military service, Moore said. Not only did the experience leave him mentally distraught and emotionally drained, but he worried about how the incident could have put his military career in jeopardy.

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“It’s been an ordeal,” Moore said about how his client is doing.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1955

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mississippitoday.org – Jerry Mitchell – 2024-09-21 07:00:00

Sept. 21, 1955

Moses Wright points at J.W. Milam as one of the kidnappers of his great-nephew, Emmett Till. Ernest Withers defied a judge’s orders and took this . Credit: Wikipedia

Moses Wright took the witness stand and identified the who kidnapped and killed his great-nephew, Emmett Till. 

“It was the first time in my I had the courage to accuse a white man of a , let alone something terrible as killing a boy,” Wright said later. “I just wanted to see justice done.” 

He worked as a sharecropper and was also a minister, whom the locals called “Preacher.” The two white men who abducted Till — J.W. Milam and his half-brother, Roy Bryant — threatened to kill Wright if he said anything. 

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“How old are you, Preacher?” Milam asked. Wright replied 64. “If you make any trouble, you’ll never to be 65,” Milam said. When the teen’s body was recovered from the Tallahatchie , Wright identified Till. Despite threats, Wright still took the witness stand. When the prosecutor asked him to point out Till’s abductors, he stood up, pointed his weathered finger at Milam and said, “There he is. That’s the man.” 

He testified that Bryant identified himself as “Mr. Bryant.” It may have been the first murder trial in Mississippi where a Black man testified against a white man. Even after the trial, the threats continued, and Wright left to join his in Chicago, where he had already sent them.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi River mayors agree to unify ports from the Corn Belt to the coast 

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mississippitoday.org – Delaney Dryfoos, The Lens and Elise Plunk, Louisiana Illuminator – 2024-09-20 16:19:36

BATON ROUGE, La. — Mayors from 10 states along the Mississippi River convened in Louisiana’s capital this week to announce a cooperative agreement between the working river’s ports. 

In town for the annual Mississippi River Cities & Towns Initiative meeting, the mayors also called upon the next U.S. president to prioritize several federal policy changes to the 105 cities represented by the initiative. 

On Wednesday, mayors from the Midwestern Corn Belt joined mayors from Louisiana to sign the Mississippi River Ports Cooperative Endeavor Agreement. The agreement is the first to ensure cooperation between the ports in the heart of the corn belt and the coastal ports of Louisiana that export 60% of the nation’s agricultural products.

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Vicksburg, Mississippi, Mayor George Flaggs praised the move in a statement on Friday, adding that he and the other mayors there were paying particular attention to environmental issues along the river such as the ongoing drought.

“This agreement ensures that ports from St. Louis to St. Paul will federal designation, a significant step that will bolster commerce and strengthen the economic impact of the entire Mississippi River region,” Flaggs said.

The inland ports between St. Louis and St. Paul were not federally recognized until 2022, said Robert Sinkler, executive coordinating director of the Corn Belt Ports. With the support of the Mississippi River cities initiative, the Corn Belt Ports initiative launched in 2019 to advocate for federal recognition of those ports.

Now, the corn belt and coastal ports will take on commerce-related policy actions together, for the first time in Mississippi River history, said Sinkler. The river moves nearly one trillion dollars in product through its ports annually, according to MRCTI. Maintaining the navigation capability on the river is a key part of the agreement. 

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Drought disrupts commerce and drinking water along the Mississippi River corridor

For the third year in a row, the Midwest is under extreme drought conditions, which have led to low levels that threaten to disrupt barge transports carrying fuel and grain. The 16-month drought spanning from 2022 to 2023 cost the nation $26 billion. The drought of 2012 cost the Mississippi River corridor $35 billion.

Belinda Constant, mayor of Gretna, Louisiana, said that droughts often cost more than floods, but do not qualify as “major disasters” worthy of relief from the Federal Emergency Management Agency. 

“We still are not able to capture federal disaster declarations for drought or intense heat,” Constant said. 

While drought is not considered a “major disaster” by FEMA, the president can declare one. President Joe Biden declared a federal emergency last September in Louisiana when the effects of drought caused salt water to intrude up the Mississippi River and threaten drinking water.

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FEMA is not set up to provide relief for intense droughts or extreme heat, which are expected to become more extreme, according to the Fifth National Climate Assessment. The federal does offer support through other agencies, such as farm losses through the U.S. Department of Agriculture. 

Constant asked the next U.S. president to FEMA regulations to include droughts and extreme heat. Earlier this summer, dozens of labor and environmental groups filed a petition to push FEMA to declare extreme heat and wildfire smoke as “major disasters,” on par with other natural disasters such as floods and tornadoes. 

Constant said the next administration should also create a mechanism to incentivize or compensate manufacturers and farmers who recycle water or reduce water usage during dry periods. 

Louisiana is again dealing with drought. As of Sept. 13, 2024, the saltwater wedge had reached river mile 45, corroding drinking water infrastructure below Port Sulphur and inching toward Pointe a la Hache, Louisiana. Earlier this week, the U.S. Army Corps of Engineers began construction on an underwater sill near Myrtle Grove to help slow the creep of saltwater intrusion for the third summer in a row.

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But the drought impacts all communities along the Mississippi River, not just those in southern Louisiana. And 50 cities with a total population of 20 million people depend on the Mississippi River for their drinking water.

“Memphis depends on the of the corridor to power our international port and fuel our multi-billion-dollar outdoor recreation and tourism industry,” said Paul Young, mayor of Memphis, Tennessee. The tournament fishing industry is worth billions in revenue. 

“It is vital we work to safeguard the Mississippi River together,” he added.

Tugboats maneuver barges south along the Mississippi River in Vicksburg, Thursday, Oct. 27, 2022. Near record low water levels are affecting shipping and tourism. Credit: Vickie D. King/Mississippi

Advocating for the Mississippi River corridor as a whole

The 105 cities represented by inititiuave also called on the next U.S. president to advocate for the corridor both at home and internationally. “We are asking the next president to please work with us to enact a federal Mississippi River program through which we can deploy infrastructure spending at a multi-state scale,” said Hollies J. Winston, mayor of Brooklyn Park, Minnesota. 

On the global stage, the initiative has advocated for the Mississippi River corridor at five United Nations climate meetings. Bob Gallagher, mayor of Bettendorf, Iowa, called on the next President to ensure that the nation remains a part of the Paris Agreement to sustain the corridor’s $500 billion in revenue.

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“Serving as a past co-chair of MRCTI along with being from an agricultural state, I know firsthand that U.S. participation in the Paris Accord helps us compete and move our commodities and goods across the world to other markets,” said Gallagher. 

Pulling out of the Paris Agreement could trigger tariffs for goods coming from a non-signatory nation. Leaving the international climate accord would place farmers and manufacturers at a potential disadvantage in the global market, said Gallagher.

In 2017, President Donald Trump announced that the U.S. would withdraw from the Paris Climate Accord. In 2021, on President Biden’s first day in office, the U.S. rejoined the international agreement to limit temperature increases.

“We can’t afford to make any policy decisions that will jeopardize the $164 billion in agricultural commodities the Mississippi River makes possible every year,” said Gallagher. 

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Mitch Reynolds, mayor of La Crosse, Wisconsin, and the initiative’s co-chair, said that the advocacy work of the initiative is paramount to defending the health of the river and its communities. 

The Mississippi River Ports Cooperative Endeavor Agreement unites the communities along the corridor in a shared commitment to protect, restore and manage the river’s resources sustainably, said Sharon Weston Broome, mayor of Baton Rouge, Louisiana, and host of the initiative’s 13th annual meeting.

“We urge the next administration to increase its focus on the river, its impact on the national economy and its continued need for stewardship,” said Broome.

This story is a product of the Mississippi River Basin Ag & Water Desk, an independent network based at the University of Missouri in partnership with Report for America, with major funding from the Walton Foundation. MRCTI is also a Walton grantee. 

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Mississippi Today environmental reporter Alex Rozier contributed to this report.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Jerry Mitchell: Why Medgar Evers should represent Mississippi in U.S. Capitol Statuary Hall

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mississippitoday.org – Jerry Mitchell – 2024-09-20 11:32:07

Editor’s note: and the Mississippi Humanities Council cosponsored an event – “Reimagining Statuary Hall” – on Sept. 18 at The Station in Fondren. Several speakers suggested accomplished Mississippians to represent the in Statuary Hall at the U.S. Capitol. Currently, statues of staunch segregationists Jefferson Davis and J..Z. George represent Mississippi. What follows is Mississippi Today investigative reporter Jerry Mitchell’s pitch from the event.


Medgar Evers Credit: National Park Service

Medgar Evers dove onto the sand at Normandy. In the weeks following the D-Day invasion of June 6, 1944. He joined a million soldiers fighting to expand the beachhead. The Luftwaffe strafed and bombed them, hoping to push them back into the sea.

He was also part of the Red Ball Express, which provided fuel, food and other critical supplies as Allied troops pushed back the German forces.

As Allied forces freed more of France from Nazi occupation, Evers enjoyed life without the color line. He could eat in any restaurant he desired. He even fell in love with a French girl.

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After battling the Nazis, he returned to Mississippi and fought racism all over again in the form of Jim Crow, which barred Black Americans from restaurants, restrooms and booths. When he tried to vote in his hometown of Decatur, Mississippi, he and other Black war were turned away by an armed white mob.

After graduating from Alcorn College, he worked for his mentor, Dr. T.R.M. Howard, and was involved in passing out bumper stickers across the Delta that read, “Don’t Buy Gas Where You Can’t Use the Restroom.”

In January 1954, he tried to enroll at the of Mississippi School of Law — only to be turned away. NAACP considered taking up his case but were so impressed with him they decided instead to hire him as the first field secretary for the Mississippi NAACP.

He investigated violence against African Americans, including the 1955 assassinations of the Rev. George Lee and Lamar Smith, who were killed because they helped Black Mississippians register to vote.

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He worked with Dr. Howard on the lynching of Emmett Till and helped find new witnesses.

The economic threats and violence became so great that Dr. Howard and others left Mississippi, but Medgar Evers stayed.

He helped James Meredith enroll at Ole Miss, and he logged 40,000 miles a year traveling the roads, sometimes flooring it past 100 to escape those hell-bent on harming him. 

His telephone rang at all hours with threats. Some were short and emphatic: “We’re going to kill you, N-word.” Others described how they planned to torture him.

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Evers told a CBS reporter, “They say I’m going to be dead soon, that they’re going to blow up my house, that they’re going to blow my head off. If I die, it will be a good cause. I’m fighting for America just as much as the soldiers in Vietnam.”

After the white mayor of Jackson chastised the movement in Mississippi in spring 1963, Evers won his FCC bid for “equal time” to respond. He talked on television about the mistreatment of Black Mississippians and in so doing he became even more of a target. The Evers’ home was firebombed.

Hours after President Kennedy told the nation that the grandchildren of those enslaved are “not yet freed from the bonds of injustice,” Evers was shot in the back as he stepped onto his own driveway in Jackson, Mississippi. His wife, Myrlie Evers, heard the shot, ran outside, saw the blood and screamed. When the children heard the scream, they ran outside and saw their father.

“Daddy, get up,” his 8-year-old daughter, Reena, said. “Daddy, get up.”

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He never did.

On Evers’ birthday in 1964, Congress passed the Civil Rights Act

Three decades later, his finally saw his assassin convicted.

“All I want to say is, ‘Yay, Medgar, yay!’” Myrlie Evers declared as she wiped away tears. “My God, I don’t have to say accused assassin anymore. … what he failed to realize was that Medgar was still alive in spirit and through each and every one of us who wanted to see justice done.”

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That justice inspired others. To date, 24 men have been convicted in civil rights cold cases.

A year after Evers’ killer went to prison, Myrlie Evers became chairman of the national NAACP and helped rescue the civil rights organization from the brink of bankruptcy.

She continues to break boundaries. She became the first lay person to deliver the inaugural invocation at Barack Obama’s second inauguration.

She cheered when Mississippi removed the emblem from the state , and she told me the reason we keep repeating its history is we don’t know our history.

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Putting Medgar Evers in Statuary Hall would honor a fallen soldier in the war against hate and would help ensure that we know our history so that we don’t repeat it.

Jerry Mitchell on his Statuary Hall pick; Medgar Evers

READ MORE: Other Southern states removed white supremacist statues from Washington. Will Mississippi?

READ MORE: J.Z. George’s descendant advocates for removing the statue of the Confederate icon from the nation’s Capitol

READ MORE: Mississippi’s Jefferson Davis statue has new neighbor in U.S. Capitol: Arkansas civil rights leader

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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